Hostname: page-component-848d4c4894-pftt2 Total loading time: 0 Render date: 2024-05-06T02:46:55.927Z Has data issue: false hasContentIssue false
  • English
  • Français

Law as a Tool in “The War on Obesity”: Useful Interventions, Maybe, But, First, What's the Problem?

Published online by Cambridge University Press:  01 January 2021

W. A. Bogart
Get access Rights & Permissions [Opens in a new window]

Extract

The foregoing, both appearing in early 2012, represent very different understandings about the significance of being substantially overweight and possible responses. The first focuses on being fat as the problem. 3 The solution is weight loss or, better still, prevention of weight gain. Of particular note is the plight of obese children and their physical ailments and psychological stress because of bullying by other children and embarrassment in wider society. The second underscores the enormous difficulty of losing weight and, even more so, of maintaining any such reduction. Being fat may give rise to problems. But the greatest difficulty may be in not accepting that most people who become fat will remain fat. That denial stymies efforts to foster the healthiest state possible for the obese and to create effective prevention programs, especially for children.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 41 , Issue 1 , Spring 2013 , pp. 28 - 41
Copyright
Copyright © American Society of Law, Medicine and Ethics 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Campos, P., “Anti-Obesity Ads Won't Work by Telling Kids to Stop Being Fat,” Daily Beast (United States), January 4, 2012, available at <http://www.thedailybeast.com/articles/2012/01/04/anti-obesity-ads-won-t-work-by-telling-fat-kids-to-stop-being-fat.html> (last visited February 21, 2013). (last visited February 21, 2013).' href=https://scholar.google.com/scholar?q=Campos,+P.,+“Anti-Obesity+Ads+Won't+Work+by+Telling+Kids+to+Stop+Being+Fat,”+Daily+Beast+(United+States),+January+4,+2012,+available+at++(last+visited+February+21,+2013).>Google Scholar
Parker-Pope, T., “The Fat Trap,” New York Times, January 1, 2012, available at <http://www.nytimes.com/2012/01/01/magazine/tara-parker-pope-fat-trap.html?pagewanted=all> (last visited March 4, 2013).+(last+visited+March+4,+2013).>Google Scholar
“Obese” is used by health professionals and others to describe those who are significantly overweight. “Fat” is used by those who critique conventional understandings of the causes and consequences of individuals being large. This paper uses both terms as a reflection of such controversies.Google Scholar
For example, Sassi, F. (in association with OECD), Obesity and the Economics of Prevention: Fit Not Fat (Cheltenham, UK/Northampton, MA, USA: Edward Elgar, 2010); World Health Organization, Population-Based Prevention Strategies for Childhood Obesity (Geneva: WHO, 2009).CrossRefGoogle Scholar
For example, Vastag, B. and Aizenman, N., “New Tactic in War on Obesity: Attack Portion Size,” Washington Post, June 2, 2012, available at <http://www.washingtonpost.com/national/health-science/new-tactic-in-war-on-obesity-attack-portion-size/2012/06/02/gJQA4wzi9U_story.html> (last visited February 21, 2013); Eng, M., “Fruit Juice Targeted in the War on Obesity,” Chicago Tribune, May 24, 2012, available at <http://articles.chicagotribune.com/2012-05-24/news/ct-met-war-on-fruit-juice-20120524_1_juice-consumption-fruit-juice-juice-products-association> (last visited February 21, 2013); “Weight of the Nation' Declares War on Obesity,” CNN, May 8, 2012, available at <http://thechart.blogs.cnn.com/2012/05/08/weight-of-the-nation-declares-war-on-obesity/> (last visited February 21, 2013). (last visited February 21, 2013).' href=https://scholar.google.com/scholar?q=For+example,+Vastag,+B.+and+Aizenman,+N.,+“New+Tactic+in+War+on+Obesity:+Attack+Portion+Size,”+Washington+Post,+June+2,+2012,+available+at++(last+visited+February+21,+2013);+Eng,+M.,+“Fruit+Juice+Targeted+in+the+War+on+Obesity,”+Chicago+Tribune,+May+24,+2012,+available+at++(last+visited+February+21,+2013);+“Weight+of+the+Nation'+Declares+War+on+Obesity,”+CNN,+May+8,+2012,+available+at++(last+visited+February+21,+2013).>Google Scholar
Caulfield, T., The Cure For Everything!: Untangling The Twisted Messages about Health, Fitness, and Happiness (Toronto: Penguin Books, 2012).Google Scholar
Committee on Obesity Prevention Policies for Young Children, Early Childhood Obesity Prevention Policies, Institute of the National Academies (Washington, D.C.: The National Academies Press, 2011): at 19 (hereinafter cited as Early Childhood Obesity Prevention).Google Scholar
Seeman, N. and Luciani, P., XXL: Obesity and The Limits of Shame (Toronto: University of Toronto Press, 2011): at 24.CrossRefGoogle Scholar
See Early Childhood Obesity Prevention, supra note 7.Google Scholar
Bogart, W. A., RO?, at Chapter 2: How is Obesity a Problem? III. Obesity: A Public Health Issue? a) Increase in Weight. This chapter provides an extensive discussion of these factors and related citations to authorities.Google Scholar
See Seeman, and Luciani, , supra note 8, at 9–15.Google Scholar
Id., at 16–17.Google Scholar
Finkelstein, F., “Annual Medical Spending Attributable to Obesity: Payer- and Service-Specific Estimates,” Health Affairs 28, no. 5 (2009): W822–W831.CrossRefGoogle Scholar
See Seeman, and Luciani, , supra note 8, at 23.Google Scholar
Campos, P., The Obesity Myth: Why America's Obsession with Weight Is Hazardous to Your Health (New York: Gotham, 2004); Oliver, E., Fat Politics: The Real Story Behind America's Obesity Epidemic (New York: Oxford University Press, 2006); Kirkland, A., Fat Rights: Dilemmas of Difference and Personhood (New York: New York University Press, 2008); Rhode, D., The Beauty Bias: The Injustice of Appearance in Life and Law (New York: Oxford University Press, 2010); Farrell, A., Fat Shame Stigma and the Fat Body in American Culture (New York: New York University Press, 2011); Guthman, J., Weighing In: Obesity, Food Justice, and the Limits of Capitalism (Berkeley and Los Angeles: University of California Press, 2011); Saguy, A., What's Wrong With Fat? (New York Oxford University Press, 2012). See also Rothblum, E. and Solovay, S., The Fat Studies Reader (New York: New York University Press, 2009); Metzi, J. and Kirkland, A., eds., Against Health: How Health Became the New Morality (New York: New York University Press, 2011).Google Scholar
See RO?, supra note 10, at Section IV. Is Being Fat Like Being Short? b) The Rates of Obesity are Exaggerated.Google Scholar
Id., at Section c) The Physical Health Problems Related to Obesity Are Misrepresented.Google Scholar
Id., at Section III. b) Weight Loss: What Is Shed Is Almost Always Regained.Google Scholar
Id., at Section III. c) Stigma, Shame, and Fat.Google Scholar
Id., at Section III. c) 2 Responses.Google Scholar
Bacon, L. and Aphramor, L., “Weight Science: Evaluating the Evidence for a Paradigm Shift,” Nutrition Journal 10, no. 69 (2011): 1–13, at 5.Google Scholar
See Rhode, , supra note 15, at 105.Google Scholar
Gaesser, G., “Is ‘Permanent Weight Loss’ an Oxymoron?” in Rothblum, E. and Solovay, S., supra note 15, at 37, 39.Google Scholar
NIH Technology Assessment Conference Panel, “Methods for Voluntary Weight Loss and Control,” Annals of Internal Medicine 119, no. 7 (part 2) (1993): 764–770, at 764; see also Puhl, R. and Heuer, C., “Obesity Stigma: Important Considerations for Public Health,” American Journal of Public Health 100, no. 6 (2010): 1019–1028, at 1021.Google Scholar
See Bacon, and Aphramor, , supra note 21, at 5.Google Scholar
“Fat shame” is the title of a prominent work addressing many of the issues discussed in this subsection: see Farrell, , supra note 15.Google Scholar
Bogart, W. A., Permit But Discourage: Regulating Excessive Consumption (New York: Oxford University Press, 2011).Google Scholar
Deford, F., journalist, quoted in Farrell, , supra note 15, at 9.Google Scholar
See Rhode, , supra note 15, at 150–152, note 25. See also Campos, et al., “The Epidemiology of Overweight and Obese,” International Journal of Epidemiology 35, no. 1 (February 2006): 55–60.Google Scholar
See Seeman, and Luciani, , supra note 8, at 73.Google Scholar
Id., at 88.Google Scholar
See Rhode, , supra note 15, at 42.Google Scholar
Id., at 29.Google Scholar
Lasalandra, M., “Doctors Say Losing Weight is Emphasized Too Heavily,” Boston Hearld, June 1, 1998, at 20 (quoting Fumento, M.).Google Scholar
Dailey, K., “Atlanta Anti-Obesity Ads ‘Risk Child Stigma,’” BBC News, February 9, 2012, available at <http://www.bbc.co.uk/news/world-us-canada-16958865> (last visited February 21, 2013); Renzetti, E., “It's Time to Shed the Tyranny of Dieting – Losing Weight Is a Losing Battle,” Globe and Mail, January 7, 2012, at A2.+(last+visited+February+21,+2013);+Renzetti,+E.,+“It's+Time+to+Shed+the+Tyranny+of+Dieting+–+Losing+Weight+Is+a+Losing+Battle,”+Globe+and+Mail,+January+7,+2012,+at+A2.>Google Scholar
Kay, B., “High Esteem Won't Cure Obesity's Ills,” National Post (Canada), February 11, 2012, available at <http://fullcomment.nationalpost.com/2012/02/11/barbara-kay-high-esteem-wont-cure-obesitys-ills/> (last visited February 21, 2013). (last visited February 21, 2013).' href=https://scholar.google.com/scholar?q=Kay,+B.,+“High+Esteem+Won't+Cure+Obesity's+Ills,”+National+Post+(Canada),+February+11,+2012,+available+at++(last+visited+February+21,+2013).>Google Scholar
See Bogart, , supra note 27, at Chapter 3: Excessive Consumption and Normativity.Google Scholar
Id.Google Scholar
See Guthman, , supra note 15, at Chapter 7: Will Fresh, Local, Organic Food Make You Thin?.Google Scholar
See Puhl, and Heuer, , supra note 24, at 1019–1028.Google Scholar
See Seeman, and Luciani, , supra note 8.Google Scholar
Id., at 45 and accompanying text.Google Scholar
See RO?, supra note 10, at Chapter 7: Encouraging Children at Play! V. Playgrounds, School Yards, Games, and Sports b) V. Vouchers to the Rescue?: The Canadian Children's Fitness Tax Credit. See also Seeman, and Luciani, , supra note 8, at 106–147 (Chapter 4: “Healthy Living Vouchers”).Google Scholar
See Seeman, and Luciani, , supra note 8, at 126 (emphasis in the original).Google Scholar
Wann, M., “Forward–Fat Studies: An Invitation to Revolution,” in Rothblum, E. and Solovay, S., supra note 15, at ix.Google Scholar
Id., at xiii.Google Scholar
See Kirkland, , supra note 15; Rhode, , supra note 15: Rhode is also supportive of legal interventions that would be guided by an approach like the one taken by the Health at Every Size Model (HAES) (see infra, iii.); Rhode, , id., at Chapter 7: Strategies for Change (however, her emphasis is on protection from appearance bias, including the victimization of fat people).Google Scholar
See RO, supra note 10, at Chapter 3: Appearance Bias – Fat Rights.Google Scholar
Burgard, D., “What Is ‘Health at Every Size’?” in Rothblum, E. and Solovay, S., supra note 15, at 44.Google Scholar
See Section III. c) 2. iii. Healthy at Every Size (HAES).Google Scholar
See Farrell, , supra note 15, at 11–13.Google Scholar
See Bacon, and Aphramor, , supra note 21, at 8.Google Scholar
Hacker, J. and Peirson, P., Winner Take All Politics (New York: Simon and Schuster, 2011); Hacker, A., “We're More Unequal Than You Think,” New York Review of Books, February 23, 2012, at 34; Simpson, J., “Income in Equality: Deep, Complex, and Growing,” Globe and Mail, December 9, 2011, at A21.Google Scholar
Nestle, M., Food Politics: How the Food Industry Influences Nutrition and Health (revised and expanded edition) (Berkeley and Los Angeles: University of California Press, 2007): at 358–359.CrossRefGoogle Scholar
See Oliver, , supra note 15, at 144–145; see Caulfield, , supra note 6, at 46 and following.Google Scholar
See Seeman, and Luciani, , supra note 8.Google Scholar
See Section III. c) 2. i. Fight Stigma–Battle Weight.Google Scholar
See Seeman, and Luciani, , supra note 8, at 64.Google Scholar
Id., at 62.Google Scholar
Id., at 64 (emphasis added).Google Scholar
Kirkland, A., “The Environmental Account of Obesity: A Case for Feminist Skepticism,” Signs 36, no. 2 (2010): 463–486, at 463.CrossRefGoogle Scholar
Id., at 467.Google Scholar
Id., at 468 and following.Google Scholar
Id., at 474. Some similar positions are taken by Guthman, , supra note 15.Google Scholar
Id., at 481 and Section III. c) 2. iii. Healthy at Every Size (HAES).Google Scholar
Id., at 100.Google Scholar
See supra, IV. The Heavy Hand of the State.Google Scholar
McIntosh, W. and Gates, C., Multi–Party Litigation: The Strategic Context (Vancouver: University of British Columbia Press, 2009): at Chapter 5–The Politics of Food Litigation; see Bogart, , supra note 27, at Chapter 2 ii. c) Is Litigation a Tool?.Google Scholar
Bittman, M., “Bad Food? Tax It,” New York Times, Sunday Review, July 24, 2011, at 6.Google Scholar
Brownell, K. et al., “The Public Health and Economic Benefits of Taxing Sugar–Sweetened Beverages,” New England Journal of Medicine 361, no. 16 (2009): 1599–1605, at 1601–1602 (Public Health).CrossRefGoogle Scholar
Id., at 1603–1604.Google Scholar
Id.Google Scholar
Healthy Eating Research, Sugar–Sweetened Beverage Taxes and Public Health (Robert Wood Johnson Foundation, 2009): at 2 (hereinafter cited as Sugar Sweetened).Google Scholar
Caraher, M. and Cowburn, G., “Taxing Food: Implications for Public Health Nutrition,” Public Health Nutrition 8, no. 8 (2005): 1242–1249, at 1248; Powell, L. and Chaloupka, F., “Food Prices and Obesity: Evidence and Policy Implications for Taxes and Subsidies,” Milbank Quarterly 87, no. 1 (2009): 229–257, at 250–251; Thow, A. et al., “The Effect of Fiscal Policy on Diet, Obesity and Chronic Disease: A Systematic Review,” Bulletin of the World Health Organization 88, no. 8 (2010): 609–614, at 609.Google Scholar
Brownell, K. and Frieden, T., “Ounces of Prevention–The Public Policy Case for Taxes on Sugared Beverages,” New England Journal of Medicine 360, no. 18 (2009): 1805–1808, at 1807 (hereinafter cited as Brownell and Frieden).Google Scholar
Andreyeva, T. et al., “Estimating the Potential of Taxes on Sugar-Sweetened Beverages to Reduce Consumption and Generate Revenue,” Preventative Medicine 52, no. 6 (2011): 413–416.CrossRefGoogle Scholar
Id., at 413.Google Scholar
Hartocollis, A., “City Seeking to Wean Poor from Sodas,” New York Times, October 7, 2010, at A1, A28; Hartocollis, A., “Plan to Ban Food Stamps for Sodas Has Hurdles,” New York Times, October 8, 2010, at A19.Google Scholar
See Brownell, , supra note 70, at 1604 (Public Health).Google Scholar
Id., at 1602.Google Scholar
Hartocollis, A., “Failure of State Soda Tax Plan Reflects Power of Antitax Message,” New York Times, July 3, 2012, at A12; Neuman, W., “Save the Children Backs Away from Soda Tax Campaigns,” New York Times, December 15, 2012, at B1.Google Scholar
Makiw, M., “Can a Soda Tax Save Us From Ourselves?” New York Times, June 6, 2010, at Business Week 4.Google Scholar
Parker–Pope, T., “Money Is Tight, and Junk Food Beckons,” New York Times, November 4, 2008, at D6; Brody, J., “Eating Well on a Downsized Food Budget,” New York Times, March 3, 2009, at D7.Google Scholar
See Sweetened, Sugar, supra note 73, at 2.Google Scholar
See Andreyeva, et al., supra note 76, at 416; see also Brownell, and Frieden, , supra note 75, at 1806–1807.Google Scholar
See Guthman, , supra note 15, at Chapter 6: Does Farm Policy Make You Fat?. RO will contain a separate discussion of subsidies.Google Scholar
Jolly, R., Marketing Obesity: Junk Food, Advertising and Kids (Parliament of Australia, Department of Parliamentary Services, Research No. 9, 2011): at 36–37.Google Scholar
Kent, Potvin M. et al., “Self-Regulation by Industry of Food Marketing Is Having Little Impact during Children's Preferred Television,” International Journal of Pediatric Obesity 6, nos. 5–6 (2011): 401–408; see RO?, supra note 10, at Chapter 5 – Just the Facts IV. b) i. Self–regulation.CrossRefGoogle Scholar
Consumer Protection Act, RSQ, c P-40.1 § 248–249, 87–91 (1978).Google Scholar
Id., at § 248. See also § 249.Google Scholar
Attorney General of Quebec v. Irwin Toy Ltd., 1 SCR 927, 988 Can (1989).Google Scholar
Mello, M., “Federal Trade Commission Regulation of Food Advertising to Children: Possibilities for a Reinvigorated Role,” Journal of Health Politics, Policy, and Law 35, no. 2 (April 2010): 227–276, at 257–259.CrossRefGoogle Scholar
Goldberg, M., “A Quasi-Experiment Assessing the Effectiveness of TV Advertising Directed to Children,” Journal of Marketing Research 27, no. 4 (1990): 445–454.Google Scholar
Kent, Potvin M. Dubois, L., and Wanless, A., “Food Marketing on Children's Television in Two Different Policy Environments,” International Journal of Pediatric Obesity 6, No. 2-2 (2011): e443–e448.Google Scholar
Id., at 5, but compare Dhar, T. and Baylis, K., “Fast-Food Consumption and the Ban on Advertising Targeting Children: The Quebec Experience,” Journal of Marketing Research 48, no. 5 (2011): 799–813, at 801.Google Scholar
Id., at 5, 7.Google Scholar
See Dhar, and Baylis, , supra note 95.Google Scholar
Id., at 810.Google Scholar
Id.Google Scholar
Id.Google Scholar
Id.Google Scholar
Id., at 811.Google Scholar
RO? will contain a separate discussion of the Internet and marketing to children.Google Scholar
See Bogart, , supra note 27, at Chapter 2–Legal Intervention, the Regulatory Mix, and the Impact of Law.Google Scholar
See Early Childhood Obesity Prevention, supra note 7.Google Scholar